An action of acquiring property without following the due procedure would be outside the authority of law, the judgment authored by Justice PS Narasimha said.
The Supreme Court on Thursday outlined the procedural guidelines to be adhered to by the government or its instrumentalities while acquiring land and depriving a citizen of his right to property under Article 300A of the Constitution [Kolkata Municipal Corporation and anr vs Bimal Kumar Shah and ors].
A Bench of Justices PS Narasimha and Aravind Kumar made it clear that acquisition of land without following the due procedure would be outside the authority of law.
It then explained that the following procedural rights are conferred on a landowner by Article 300A:
i) Duty of the State to inform the person that it intends to acquire his property – the right to notice;
ii) Duty of the State to hear the objections to the acquisition – the right to be heard;
iii) Duty of the State to inform the person of its decision to acquisition – the right to a reasoned decision;
iv) Duty of the State to demonstrate that the acquisition is for public purpose – acquisition only for public purpose;
v) Duty of the State to restitute and rehabilitate – the right to fair compensation;
vi) Duty of the State to conduct the process of acquisition efficiently and within prescribed timelines of the proceedings – the right to an efficient conduct;
vii) Final conclusion of the proceedings leading to vesting – the right of conclusion.
The Bench explained that the seven principles may be procedural, but they are integral to the authority of law enabling compulsory acquisition of private property, and have now become part of our administrative law jurisprudence.
